Payouts from silicosis settlement 'a drop in the ocean'
The Justice for Miners (JFM) advocacy group of ex-mine workers affected by TB and silicosis has said about 23 000 miners paid by Tshiamiso Trust to date is a drop in the ocean compared to about 500 000 potential claimants across SA and neighbouring countries such as Lesotho, eSwatini, Mozambique, Malawi and Zimbabwe.
The trust was established to pay out claims over 12 years, following a R5bn silicosis and TB class action settlement in May 2018.
Six mining companies (covering 82 mines) are party to the agreement: African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater.
Ex-miners who worked between March 1965 and December 2019 and suffered lung impairment due to TB or silicosis from exposure to dust and chemicals may qualify for compensation.
According to GroundUp, the latest update on the trust’s dashboard reflects that out of 147 702 claims, only 23 356 claimants had been compensated, paying out about R2.1bn.
The dashboard shows that 385 551 people have registered with the trust with the intention to claim and 176 846 have made appointments to have their claims processed.
JFM Eastern Cape head Ziyanda Manjati said their offices across Southern Africa were inundated by complaints from claimants who have not been paid compensation.
‘Some of these claimants have died while still waiting for medical tests, while others have been found ineligible for compensation despite having medical certificates from the Medical Bureau for Occupational Disease that confirm they have lung impairments,’ she said in the GroundUp report.
‘Many of these potential claimants are not even aware that Tshiamiso Trust exists because the trust is not on the ground tracing ex-miners and creating awareness. The trust does not seem concerned. At the 2024 AGM, the trustees said they were relying on word of mouth to reach more miners,’ said Manjati.
Another major hurdle for claimants is the need for unabridged death certificates, especially when TB or silicosis is not listed.
With many ex-miners dying at home in rural villages, families struggled to prove cause of death as certificates often simply state ‘natural causes’.
Spokesperson for the trust Lusanda Jiya admitted that the issue of death certificates has prevented thousands of claims from being finalised.
‘But we are very pleased to report that a key amendment was successfully made to the trust deed that allows claimants to submit a death notification form – certified by the attending medical practitioner – to serve as evidence of the medical condition or disease that caused the death.’
To reach more potential claimants in the remaining four years, Jiya said the trust is accrediting additional medical service providers and implementing measures to improve access for new claim submissions.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
